Opinion
March 29, 1999
Appeal from the order of the Supreme Court, Dutchess County (Hillery, J.).
Ordered that the appeal from the order dated August 18, 1998, is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated April 23, 1998, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
Since the plaintiffs were precluded from offering evidence concerning matters about which they failed to provide information in the bill of particulars, they would be unable to prove the essential allegations of the complaint against the defendant St. Francis Hospital. Therefore, the Supreme Court's grant of summary judgment to St. Francis Hospital was proper ( see, Bock v. Schiowitz, 168 A.D.2d 593).
Bracken, J. P., Sullivan, Friedmann and Florio, JJ., concur.